Director, Community Planning, Toronto and East York District

Transcription

1 STAFF REPORT ACTION REQUIRED 55 to 95 Lake Shore Boulevard East, Freeland Street and 2 and 15 Cooper Street - Official Plan Amendment and Zoning Amendment Application - Request for Direction Report Date: September 29, 2017 To: From: Wards: Reference Number: Toronto and East York Community Council Director, Community Planning, Toronto and East York District Ward 28 Toronto Centre-Rosedale STE 28 OZ SUMMARY This application for Official Plan and Zoning By-law Amendments for the "LCBO lands" in the Lower Yonge Precinct is to permit a mixed-use development, including a new office/retail building, 5 mixeduse buildings and a public park. The application proposes to divide the property into 4 blocks, with the eastward extension of Harbour Street and the creation of a new north-south street between Cooper Street and Lower Jarvis Street. The proposed total gross floor area is 424,705 metres square, of which approximately 75% is residential and 25% is non-residential. A total of 4,369 residential units are proposed. The municipal addresses are 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street. This report recommends that City Council direct the City Solicitor, together with appropriate City Staff, to advise the Ontario Municipal Board that the City and the applicant are in agreement with respect to the proposed building envelopes for this development, in advance of an Ontario Municipal Board hearing related to the Central Waterfront Secondary Plan respecting the property at 215 Lake Shore Boulevard East and Staff report for action Request for Direction - 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street 1

2 Queens Quay East which commences on November 7, RECOMMENDATIONS The City Planning Division recommends that: 1. City Council authorize the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Municipal Board hearing generally in support of the revised plans submitted to City Planning and date stamped August 18, 2017, as they relate to the building envelopes only for Blocks 1, 2 and 4 of the proposed development at 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street. 2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the applicant on all remaining matters, as identified in this report (dated September 29, 2017), and report back to Toronto and East York Community Council for further direction when the outstanding matters have been resolved. Financial Impact There are no financial implications resulting from the adoption of this report. DECISION HISTORY To date, there have been five staff reports pertaining to the Lower Yonge Precinct. The first two reports provided information and status updates on the progress of work on the Lower Yonge Precinct Plan. These reports were received by Toronto and East York Community Council on November 6, 2012, and February 25, 2014, respectively: The third staff report to Toronto and East York Community Council, dated August 5, 2014, and adopted by City Council on August 25-28, 2014, summarized the results of Phase 1 of the Lower Yonge Precinct planning process. It provided recommendations to receive the "Lower Yonge Urban Design Report" and the "Lower Yonge Transportation Master Plan Environmental Assessment", to endorse the planning and policy directions in the staff report, and to direct City Planning to complete the Lower Yonge Precinct Plan in consultation with Waterfront Toronto, other City Divisions, landowners, community members and other stakeholders: A fourth staff report on the Lower Yonge Precinct Transportation Master Plan Environmental Assessment was received by the Public Works and Infrastructure Committee in February On March 31, 2015, City Council endorsed the recommendations of the Environmental Assessment and authorized the issuance of the Notice of Completion. City Council further directed the preparation 2 and 15 Cooper Street 2

3 of an OPA to secure various planned rights-of-way and to evaluate opportunities for securing protected bicycle lanes on Yonge Street between Queens Quay and Front Street. The fifth staff report was a Final Report presented to Toronto and East York Community Council on May 10, 2016 and adopted by City Council on June 7, Recommendations were made for City Council to: instruct the City solicitor to request the Ontario Municipal Board to implement the proposed planning framework for the Precinct, including the draft Lower Yonge Precinct Official Plan Amendment; endorse the proposed Lower Yonge Precinct Plan; and direct staff to work with the Ministry of Environment and Climate Change to classify the Precinct as a Class 4 area under Provincial noise guidelines. At its meeting of June 10, 2014, City Council consented to the disposition of two rail spurs known municipally as 15 Freeland Street and 15 Cooper Street. The two rail spurs bisected the lands owned by the Liquor Control Board of Ontario (LCBO). These properties have since been consolidated with the LCBO properties and are included in this application. The Preliminary Report regarding this application was adopted by Toronto and East York Community Council on October 13, The appeal of the City's nondecision on the Official Plan and Zoning Bylaw Amendment application was filed on April 10, At its meeting of June 8, 2017 Public Works and Infrastructure Committee considered the Lower Yonge Precinct Municipal Class Environmental Assessment Study, and endorsed the preferred designs contained in the report from the General Manager, Transportation Services. City Council adopted the recommendation at its meeting of July 4, 5 and 6, ISSUE BACKGROUND Lower Yonge Precinct The planning process for the Lower Yonge Precinct study was initiated in 2012 by City Planning in collaboration with Waterfront Toronto. The purpose of the study was to establish a planning context for the comprehensive and orderly development of this underutilized portion of Toronto's waterfront in order to achieve a complete community. It was undertaken with direction provided by the Central Waterfront Secondary Plan for waterfront precinct planning, and was intended to provide similar planning direction to work done previously in the West Don Lands, East Bayfront and Keating Precincts. The Lower Yonge Precinct study was conducted in two phases. The first phase was completed in August 2014 and culminated in three reports adopted by City Council (as referenced in the Decision History section): 2 and 15 Cooper Street 3

4 1. Lower Yonge Precinct Plan Proposals Report: This report summarized the planning process to date, outlined feedback from consultation and provided draft planning and policy directions. 2. Lower Yonge Transportation Master Plan (TMP) Environmental Assessment: The TMP report summarized phases 1 & 2 (of 4) of the Environmental Assessment process and introduced a preliminary preferred alternative for several local and regional transportation improvements aimed at improving the public realm and creating a transportation network that could accommodate the anticipated redevelopment within and surrounding the Precinct. 3. Lower Yonge Urban Design Report (UDR): Principles and Recommendations: this report provided recommendations for land use, public realm design, and built form/massing. The three reports outlined the vision, objectives, principles and draft policies to guide private and public investment in the Precinct, including: - a streets and blocks structure plan; - road modifications (including ramps and tunnels), pedestrian connections, and cycling recommendations; - public realm improvements, including options for parks and open space; - standards for building height and massing; - creating a balance between residential and employment-based development, and ensuring retention of existing employers; - retention of heritage buildings; and - urban design and public art guidelines. Phase 2 of the Lower Yonge Precinct planning process involved more detailed refinements of many of the components considered in Phase 1, including built form, land use compatibility, public realm design and the transportation network. Effort was also focussed on key matters such as affordable housing, community services and facilities and required implementation mechanisms. In addition, a consultant was retained to undertake a Noise, Odour and Air Quality Assessment to ensure that the proposed land uses and built form were compatible with the Redpath Sugar refinery at 95 Queens Quay East and to provide recommendations for mitigation. Another consultant was retained to conduct a Municipal Class Environmental Assessment (MCEA) of the various transportation, public realm and servicing initiatives proposed as part of the Precinct planning process. The work on Phase 2, while awaiting conclusion of the MCEA process, essentially concluded with the Final Report dated April 22, 2015 that was considered by Toronto and East York Community Council on May 10, 2016 and adopted by City council on June 7, This report included the proposed Lower Yonge Precinct Plan and Official Plan Amendment (OPA), which collectively provide the proposed planning framework for development in the area. Phase 3 and 4 of the MCEA has concluded and with the filing of an Environmental Study Report, the requirements for Phases 3 & 4 (of 4) of the MCEA process have been fulfilled. 2 and 15 Cooper Street 4

5 All phases included several forms of consultation with stakeholders, landowners and the general public. Communications throughout the process were provided in newspapers, on-line and through social media. Proposal Details of the Proposal: A Draft Plan of Subdivision was submitted concurrent with the Official Plan and Rezoning application for the "LCBO lands". The Plan of Subdivision provides for the division of the property into 4 development parcels (shown on the Context Plan in Attachment 1). This is achieved by the continuation east of the extension of Harbour Street, which is already proposed to be extended from Yonge Street to Freeland Street as part of the 1 to 7 Yonge Street development proposal to the west of the subject site, and the creation of a new north-south Street between Queens Quay East and Lake Shore Boulevard East, at the eastern edge of the property ("New Street"). The subdivision will create 4 development blocks. The overall development, as submitted, would result in the construction of 5 mixed-use buildings and 2 non-residential buildings on the 4 blocks. The proposed mixed-use buildings incorporate retail and service uses, a school, a daycare centre, and affordable housing, creating a complete community. The proposed total gross floor area is 424,705 metres square, of which 340,296 metres square is residential and 84,409 metres square is non-residential. A total of 4,369 residential units are proposed, comprising 170 bachelor, 2,571 one-bedroom, 1,168 two-bedroom and 460 three+bedroom units. The overall proposal includes 1,375 parking spaces, 4,783 bicycle parking spaces and 25 loading docks (See Application Data Sheet Attachment 4). The breakdown of the development by block is as follows: Block 1: At the southeast quadrant of the Site, Block 1 is bounded by the Harbour Street extension to the north, New Street to the east, Queens Quay East to the south and Cooper Street to the west. The proposed development on Block 1 is for a 25-storey non-residential building with retail uses within the 3 storey podium and 22 floors of office. It is proposed that the building will be the new LCBO headquarters and that the retail component will house a flagship LCBO store. The office will be accessed from a lobby that fronts onto Queens Quay East. The LCBO flagship retail store will be accessed from the proposed Harbour Street extension, Cooper Street and directly from Queens Quay East. The total non-residential gross floor area for Block 1 is 59,205 m 2 with 6,671 m 2 being the retail component and 52,534 m 2 being the office component. Block 1 includes a one-way vehicular entrance access point off Cooper Street and a two-way vehicular access point along the proposed New Street to the east which will provide access to the below-grade parking levels. Parking will be located in an enclosed at-grade parking area and within a 4-level underground garage. A total of 466 parking spaces are to be proposed. Loading for Block 1 will be located below-grade at the P2 Level, and will be accessed off of New Street via a loading ramp within the Block 2 development and a below-grade tunnel below the Harbour Street 2 and 15 Cooper Street 5

6 extension. The loading area will comprise three Type A loading spaces, five Type B loading spaces, and five Type C loading spaces. In addition, the proposed commercial building will contain 292 bicycle parking spaces at grade and on the Level 1 Mezzanine of the building, with 108 spaces dedicated to long term users of the office and retail space, and the remaining 184 spaces for short term users of the office and retail space. Block 2: At the northeast quadrant of the Site, Block 2 is bounded by Lake Shore Boulevard East to the north, New Street to the east, the extension of Harbour Street to the south and Cooper Street to the west. The proposed development on Block 2 will include two mixed-use buildings with heights of 64 storeys and 70 storeys. The mixed-use buildings will have podiums with heights of 11 storeys and 6 storeys. These podiums will be connected by a pedestrian path tunnel situated one level below-grade. The podiums will include a mix of retail space, amenity space and bicycle storage from the 1 st to the 3 rd floors and residential units above from the 3 th to 11 th floors. The proposed mixed-use development on Block 2 will include a total GFA of 129,640 m 2 with a total residential GFA of 121,784 m 2 and a total non-residential GFA of 7,856 m 2. The buildings will contain a total of up to 1,607 residential units in the form of 30 bachelor units, 948 onebedroom units, 445 two-bedroom units, and 184 three-bedroom units. A total of 2,009 m 2 of indoor amenity space and 2,089 m 2 of outdoor amenity space is proposed. Access to the loading for the entire development and parking for the block will be provided from New Street. The combined buildings will contain 1Type A, 4 Type B, and 1 Type G loading spaces. Parking will be provided in a four level underground garage with a total of 416 parking spaces including 369 parking spaces for residential occupants and 47 commercial parking spaces. In addition 1,650 bicycle parking spaces will be provided with 1446 spaces for residential tenants and 161 spaces for residential visitors and 27 spaces for commercial tenants and 16 for commercial visitors. Block 3: Located at the southwest quadrant of the site, Block 3 is bounded by the extension of Harbour Street to the north, Cooper Street to the east, Queens Quay East to the south and Freeland Street to the west. The majority of Block 3 will be a public park. The applicant currently proposes a two-storey retail building on the northern edge of the park along Harbour Street with a bridge to Block 4. Staff are continuing discussions related to the retail uses and bridge. The park will have frontages along the proposed Harbour Street Extension to the north, Queens Quay East to the south, Cooper Street to the east and Freeland Street to the west and will be approximately 8,467 m 2 in size. 2 and 15 Cooper Street 6

7 Block 4: Located at the northwest quadrant of the Site, Block 4 is bounded by Lake Shore Boulevard East to the north, Cooper Street to the east, the extension of Harbour Street to the south and Freeland Street to the west. A mixed-use, multi-tower development that includes three residential towers is proposed for Block 4. Two towers will be located on the north portion of the site incorporated with the existing heritage LCBO Office building with total heights of 90-storeys and 87-storeys. A third tower will be on the south portion fronting onto the new Harbour Street extension with a height of 77-storeys. The residential towers are proposed to be separated by a planned east-west, private, atgrade mews, located between the existing historic LCBO office and warehouse buildings. The podiums for the proposed buildings are 4-storeys and 6-storeys in height respectively. The south building podium will include on the 1 st and 2 nd floors a mix of retail space, and at-grade entrances to a proposed school and daycare which are proposed to be located on the 2 nd and 3 rd floors. Residential amenity space and residential units are proposed for the 4 th, 5 th and 6 th floors. The north building podium will include lobby, amenity, bicycle storage and residential units from the 1 st to 4 th floors, all of which will be contained within the re-integrated LCBO office building. The proposal includes the partial demolition of the existing heritage warehouse building on Block 4 in order to make way for the Harbour Street extension. The proposed development on Block 4 will included a total GFA of 233,865 m 2, a total residential GFA of 218,512 m 2 and a total non-residential GFA of 15,343 m 2. The 3 buildings will contain a total of up to 2,762 residential units, comprised of 140 bachelor units, 1,623 one-bedroom units, 723 two-bedroom units, and 276 three-bedroom units. A total of 7,043 m 2 of amenity space is proposed with 3,453 m 2 of indoor amenity space and 3,590 m 2 of outdoor amenity space. Vehicular access will be off of the proposed private mews. The overall block will contain 1 Type A loading space, 4 Type B loading spaces, and 1 Type G loading space. Parking will be located below-grade in a four-level underground garage containing a total of 473 vehicular parking spaces, including 385 parking spaces for residential occupants and 88 commercial parking spaces. The block will contain a total of 2,828 bicycle parking spaces, including 2,486 bicycle parking spaces for residential tenants, 376 spaces for residential visitors and 41 spaces for commercial occupants and 25 spaces for commercial visitors. It is proposed that Block 4 will be connected by an above-grade PATH connection at the second floor level to the 1-7 Yonge Street development, planned on the block to the west of the LCBO lands. This will provide safe and convenient access for the interface between the proposed community centre and school in the podium levels of both buildings. Blocks 1 and 2 and blocks 2 and 4 will be connected by below-grade PATH connections under Harbour Street and Cooper Street. Site and Surrounding Area The subject site is located between Queens Quay East and Lake Shore Boulevard East, midway between Yonge Street and Jarvis Street. The western half of the property, between Freeland Street 2 and 15 Cooper Street 7

8 and Cooper Street is currently occupied by LCBO's headquarters, their warehouse and a retail store. The eastern half of the property is primarily occupied by a large surface commercial parking lot. To the south of the surface parking are two former rail spurs and a triangular portion of the property that is vacant. The property is approximately 45,820 square metres (4.58 hectares) in size, with a frontage of 240 metres on Lake Shore Boulevard East and 230 metres on Queens Quay East. The surrounding uses are as follows: North: Lake Shore Boulevard East, the elevated Gardiner Expressway and the Toronto rail viaduct. South: The Pier 27 property that is subject of a mixed-use development. Phase 1 of the development has been constructed. Phase 2 has an approved Official Plan Amendment, Rezoning and Site Plan Approval. The Redpath sugar refinery is also located to the south. West: East: The property at 1 to 7 Yonge Street that is the subject of a mixed-use development proposed on two blocks that is currently before the Ontario Municipal Board. Two-storey supermarket with a 2-level parking structure. Provincial Policy Statement and Provincial Plans Section 2 of the Planning Act sets out matters of provincial interest, which City Council shall have regard to in carrying out its responsibilities. The matters include: the orderly development of safe and healthy communities; the adequate provision of employment opportunities; the conservation of features of significant architectural, cultural, historical and archaeological or scientific interest; and the appropriate location of growth and development. The Provincial Policy Statement (2014) provides policy direction Province wide on land use planning and development to promote strong communities, a strong economy, and a clean and healthy environment. It includes policies on key issues that affect communities, such as: - The efficient and wise use and management of land and infrastructure over the long term in order to minimize impacts on air, water and other resources; - Protection of the natural and built environment; - Building strong, sustainable and resilient communities that enhance health and social well-being by ensuring opportunities exist locally for employment; - Residential development promoting a mix of housing; recreation, parks and open space; and transportation choices that increase the use of active transportation and transit; and, 2 and 15 Cooper Street 8

9 - Encouraging a sense of place in communities, by promoting well-designed built form and by conserving features that help define local character. The City of Toronto uses the PPS to guide its official plan and to inform decisions on other planning and development matters. The PPS is issued under Section 3 of the Planning Act and all decisions of Council affecting land use planning matters "shall be consistent with" the PPS. The Official Plan is the most important vehicle to implement the PPS. The Province issued the current PPS in All Planning decisions made after April 30, 2014 are required to be consistent with the 2014 PPS. However, the 1997 PPS was the applicable PPS when the Central Waterfront Secondary Plan was adopted by City Council in Decisions made before November 30, 2004 were required to be consistent with the 1997 PPS. In an oral decision dated August 18, 2017, the Ontario Municipal Board, confirmed that the 1997 PPS is applicable for the purposes of compatibility with adjacent land uses within the Central Waterfront. The 1997 PPS in section indicates that long term economic prosperity will be supported by, amongst other things, planning so that major facilities (such as airports, transportation corridors, sewage treatment facilities, waste management systems, industries and aggregate activities) and sensitive lands uses are appropriately designed, buffered and/or separated from each other to prevent adverse effects from odour, noise and other contaminants. The Growth Plan for the Greater Golden Horseshoe (2017) provides a strategic framework for managing growth in the Greater Golden Horseshoe region including: - Setting minimum density targets within settlement areas and related policies directing municipalities to make more efficient use of land, resources and infrastructure to reduce sprawl, cultivate a culture of conservation and promote compact built form and better-designed communities with high quality built form and an attractive and vibrant public realm established through site design and urban design standards; - Directing municipalities to engage in an integrated approach to infrastructure planning and investment optimization as part of the land use planning process; - Building complete communities with a diverse range of housing options, public service facilities, recreation and green space that better connect transit to where people live and work; - Retaining viable employment lands and encouraging municipalities to develop employment strategies to attract and retain jobs; - Minimizing the negative impacts of climate change by undertaking stormwater management planning that assesses the impacts of extreme weather events and incorporates green infrastructure; and, - Recognizing the importance of watershed planning for the protection of the quality and quantity of water and hydrologic features and areas. Like other provincial plans, the Growth Plan for the Greater Golden Horseshoe (2017) builds upon the policy foundation provided by the PPS and provides more specific land use planning policies to address 2 and 15 Cooper Street 9

10 issues facing the GGH region. The policies of the Growth Plan take precedence over the policies of the PPS to the extent of any conflict, except where relevant legislation provides otherwise. All decisions by Council affecting land use planning matters are required by the Planning Act, to conform, or not conflict, as the case may be, with the Growth Plan. Staff have reviewed and will continue to review the proposed development for consistency with the PPS and for conformity with the Growth Plan for the Greater Golden Horseshoe. Official Plan The City of Toronto Official Plan was adopted by Council in 2002 and approved by the Ontario Municipal Board (OMB) in The 2006 OMB Order only partially approved the Official Plan across the City, however, areas covered by the Central Waterfront Secondary Plan (CWSP), were an amendment to the former City of Toronto Official Plan. Therefore, the former City of Toronto Official Plan is in force and effect for the subject property. Although the new City of Toronto Official Plan is not in force for this site, it sets out the overall vision for the City's urban structure and future growth and is considered when reviewing Waterfront planning and development. Within the new City of Toronto Official Plan, these lands are located in the Downtown and Central Waterfront on Map 2 - Urban Structure. Its land use designation is Regeneration Areas (see Attachment 9). The Downtown and Central Waterfront offer opportunities for employment and residential growth. However, as per Section 5.2.1, growth in the Central Waterfront is guided by Secondary Plans, which in this case is the CWSP. The Official Plan policies address the importance of well-designed connections between the core and Central Waterfront. The renewal of the Central Waterfront will create new opportunities for business development, as well as new neighbourhoods with homes for Downtown workers. The Downtown policies also acknowledge the opportunity to add to the supply of office space south of the rail corridor. Policies for Regeneration Areas are intended to provide for a broad mix of commercial, residential, light industrial, institutional and live/work uses in an urban form, in order to revitalize areas that are largely vacant or underused, and to create new jobs and homes. These areas are blocks of land that may be subdivided into smaller areas for a wide variety of mixed-use redevelopment. The Official Plan provides that for each Regeneration Area, a framework for new development will be set out in a Secondary Plan and development should not proceed prior to approval of a Secondary Plan. Parks and Open Space Areas are areas for use as parks, open spaces, natural areas and plazas, and can include compatible community, recreation, cultural, restaurant and entertainment facilities. Lands designated Parks and Open Space Areas in the vicinity of Regeneration Areas may be subject to Precinct Implementation Strategies. Heritage Policies in the Official Plan state that properties on the Heritage Register will be conserved and maintained consistent with the Standards and Guidelines for the Conservation of Historic Places in Canada, as revised from time to time and adopted by Council (Policy ). 2 and 15 Cooper Street 10

11 Section 5.6, Interpretation, provides guidance on the understanding and interpretation of the Official Plan. Policy 1 indicates that the Official Plan should be read as a whole to understand its comprehensive and integrative intent as a policy framework for priority setting and decision making. Further, Section 1.5 How to Read the Plan indicates the Official Plan is a comprehensive and cohesive whole. The City of Toronto s Official Plan is available on the City s website at: 60f89RCRD Former Metropolitan Toronto Official Plan As the guiding document for the former City of Toronto Official Plan, the former Metropolitan Toronto Official Plan remains in force for this property. The Plan locates the subject property within the Central Area, which is identified as the pre-eminent centre within the Greater Toronto Area and the primary location for a variety of governmental and economic activities. The Plan provides policy direction for attaining an urban structure that fosters liveability, focuses programs on sustainable community development, enhances the planning process and promotes effective collaboration. Former City of Toronto Official Plan The former City of Toronto Official Plan is in force for 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street. This Plan supports the precinct planning approach and comprehensive level of analysis for precinct areas. It sets out a policy framework, including goals and objectives, for the waterfront in Chapter 14. This includes the primary goal for the waterfront as set out in Policy 14.2: to promote increased and sustainable public enjoyment and use of the area by ensuring that future developments and actions by both the public and private sectors, will help to achieve certain objectives. These objectives include: improving public access to the waterfront, increasing the amount of public parkland across the entire waterfront and enhancing the quality of the waterfront as a place. The general policies for the Bayfront area (Policy 14.21) state that Council shall encourage residential, commercial, institutional and compatible industrial uses in suitable locations in order to increase the area's public character, promote active and varied use of the area by people throughout the year, and assist in meeting Council's housing policies in Section 6 of the Plan. The property at 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street is within the Central Bayfront area of the former City of Toronto Official Plan (see Attachment 10). A set of planning and urban design principles for development in both the Central Bayfront and East Bayfront is set out in Policy These principles set out the need for further planning and development to address land use, open space, built form and infrastructure. Development is directed to be phased at an appropriate pace. To further this comprehensive planning framework, cooperative arrangements among landowners and public agencies and levels of government are recommended to realize both public and private objectives, including the creation of an appropriate streets and blocks plan. Planning and urban design principles in Policy specify that new development in the Central Bayfront will develop at moderate to high intensity. Development is to step down in height to the 2 and 15 Cooper Street 11

12 water and preserve expansive views from the City to the water. Policy 14.28(e) states that new residential development should be permitted in a manner which promotes the housing goals and objectives in Section 6 of the Plan (which includes policies respecting affordable housing policies and housing suitable for families with children). Policy (f) sets out the principle that new residential development should ensure the creation of viable neighbourhoods with an appropriate level of community services and facilities and (g) states that redevelopment should be seen as providing opportunities for the introduction of parks and open spaces that serve a regional and a local constituency. Addressing transportation considerations, Policy (i) requires redevelopment to be based on a street system that improves connections between the City and Central/East Bayfront, accommodates the Gardiner Expressway in its present location but allows for its restructuring, and establishes Queens Quay East as a significant waterfront boulevard. Other policies include those addressing compatibility with existing industries and environmental issues and recognizing and preserving the area's industrial heritage. Policy (k) (v) notes that the physical form of new development should include Lower Yonge Street as a focal point on Toronto Bay. Section 5 of the former City of Toronto Official Plan contains heritage policies that encourage the preservation and conservation of those sites, buildings and structures, including monuments and bridges, which have been evaluated and identified as being of architectural and/or historical importance. Central Waterfront Secondary Plan The Central Waterfront Secondary Plan (CWSP) was adopted by City Council on April 16, 2003 as an amendment to Part II of the former City of Toronto Official Plan. It was appealed in its entirety, and although large parts of the Plan have now been approved by the OMB, the Plan is not yet approved and in force for the Lower Yonge Precinct. Notwithstanding the above, the CWSP has been used as the guiding policy document for waterfront redevelopment and policy implementation. Similar to the Toronto Official Plan, the subject property lands are designated Regeneration Areas. (See Attachment 11) The purpose of the CWSP is to identify key public priorities and opportunities, as well as an implementation process for waterfront revitalization. The document is based on four core principles: A. Removing Barriers/Making Connections; B. Building a Network of Spectacular Waterfront Parks and Public Spaces; C. Promoting a Clean and Green Environment; and D. Creating Dynamic and Diverse New Communities. A precinct-level implementation strategy is the tool detailed within the CWSP to provide for comprehensive and orderly development and to implement its policies. As noted, precinct plans and subsequent implementing zoning by-laws have been developed for East Bayfront, West Don Lands, and the Keating Channel Precinct. Other precinct planning processes are underway for 2 and 15 Cooper Street 12

13 Villiers Island (formerly Cousins Quay) and the Film Studio Precinct (on hold) in the Port Lands and Bathurst Quay to the west. Prior to the preparation of zoning by-laws or development permit by-laws within Regeneration Areas, the CWSP requires Precinct Implementation Strategies to be prepared in accordance with the policies contained in Section 2.2. As well, the CWSP provides that rezoning of individual sites within Regeneration Areas will generally only be entertained once a context has been established for the evaluation of specific rezoning applications, through the Precinct Implementation Strategies. In addition, area-wide infrastructure requirements are required to have been determined, including a fair and equitable means for ensuring appropriate financial contributions for their provision, prior to the approval of rezoning applications. The CWSP has specific requirements for land use compatibility. Paragraph P27 requires development in Regenerations Areas to have regard for provincial guidelines and for lands to be appropriately buffered and mitigated to prevent adverse effects from noise, odour and other contaminants. Policy P51 states that the Redpath facility is an important feature of the Toronto Waterfront that should be maintained. Further, any development applications and public realm initiatives shall have regard for applicable policies, regulations and guidelines to ensure that compatibility will be achieved and maintained with respect to noise, dust, odour and air quality. The goals of these policies, as stated in P51, are to: i. prevent undue adverse impacts from the proposed land use on the Redpath lands designated as an Existing Use Area; and ii. prevent undue adverse impacts on the new land use from the Redpath lands designated as an Existing Use Area. Sensitive land uses may be prohibited in the implementing zoning or limited (through massing and siting, buffering and design mitigation measures) in proximity to Redpath lands to ensure compatibility. In addition, noise and air emissions reports shall be required, in support of development approval requests. Such environmental reports are to specify how compatibility will be achieved and maintained. The CWSP states that heritage properties listed on the City s Inventory of Heritage Property will be protected and improved where feasible. Designated heritage buildings will be conserved for creative reuse in their original locations. The Central Waterfront Secondary Plan can be viewed at: es/cwsp07.pdf Lower Yonge Precinct Plan and Official Plan Amendment The Lower Yonge Precinct Plan (LYPP) and implementing draft Official Plan Amendment (LYOPA) was endorsed by City Council on June 7/8, These plans provide the 2 and 15 Cooper Street 13

14 comprehensive planning framework intended to guide development in the Precinct. Both documents set out a common vision for the redevelopment of the Lower Yonge Precinct. The Lower Yonge Precinct will be a vibrant, mixed-use, complete community that derives its character from its waterfront context and the large central park at its heart. A home and workplace for people of all incomes, as well as a destination to visit, Lower Yonge will be a green, sustainable neighbourhood with streets and sidewalks that are inviting to both pedestrians and cyclists. The area will be characterized by mid-rise base buildings framing the public realm at a human scale, and broadly spaced towers ensuring sunlight, good wind conditions and ample views of the sky from all streets and the park. A series of objectives are outlined for how to implement this vision. The OPA then establishes a set of planning policies with graphics, intended to guide future private and public investment, under the following general themes: 1. Public Realm: streets and blocks network, regional transportation improvements; complete streets; active transportation; ground floor animation, parks and open space, privately owned, publicly-accessible spaces (POPS), public art, and transit; 2. Infrastructure: community services and facilities, sustainability/resiliency, parking/loading, servicing, and travel demand management; 3. Development: land use, compatibility with Redpath Sugar, housing, affordable rental housing, heritage conservation and archaeology, and built form (including base buildings, articulation, tall buildings, density and specific provisions for the 1-7 Yonge Street property); and 4. Implementation: municipal approvals (including complete application requirements, holding provisions, Section 37 agreements and subdivision), municipal class environmental assessment, design review panel, landowner agreements, and monitoring. The LYPP provides the background and rationale for the OPA, as well as additional measures and details for each of the elements in the OPA. It outlines and highlights the: - context for the area; - broader public realm network, including connections to surrounding areas; - clarification of street types; and possibilities for the PATH network; - added recommendations for built form development; - background for the recommended community services and facilities; - provision of affordable rental housing; - sustainability and resiliency ambitions; - goals for economic innovation; - public art plan; and - additional recommendations for phasing and implementation. 2 and 15 Cooper Street 14

15 The LYPP discusses the areas heritage and archaeological past. As discussed in Section 2.5, conservation of heritage and archaeological resources will play a vital role in creating a special and distinctive waterfront. The LCBO head office and warehouse buildings are both identified as heritage resources and are the last remaining structures in the Precinct from the mid-twentieth century industrial era. The Precinct Plan envisions conservation of the entire LCBO head office building and the majority of the warehouse. The LYPP and draft LYOPA (page 49 of the Final Staff Report) can be found at: 60f89RCRD Zoning The former City of Toronto Zoning By-law , as amended, is applicable to the 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street properties. The property is zoned IC D3 N1.5 (see Attachment 12) which permits industrial buildings to a maximum density of 3 times the area of the lot. The zoning permits certain non-residential uses, as listed in Section 9 of By-law up to 1.5 times the area of the lot. All of the lands within the CWSP area were exempt from inclusion into City of Toronto harmonized zoning by-law City-wide Tall Building Design Guidelines In May 2013, City Council adopted the updated city-wide Tall Building Design Guidelines and directed City Planning staff to use these Guidelines in the evaluation of all new and current tall building development applications. The Guidelines establish a unified set of performance measures for the evaluation of tall building proposals to ensure they fit within their context and minimize their local impacts. Section 1.2 speaks to the need to coordinate the development of larger sites with multiple tall buildings, new internal streets and parks through a Master Plan. The city-wide Tall Building Design Guidelines are available at: Policy 1 in Section Implementation Plans and Strategies for City-Building, the Official Plan states that Guidelines will be adopted to advance the vision, objectives, and policies of the Plan. Urban Design guidelines specifically are intended "to provide a more detailed framework for built form and public improvements in growth areas." The Tall Building Design Guidelines serve this policy intent, helping to implement Chapter 3.1 The Built Environment and other policies within the Plan related to the design and development of tall buildings in Toronto. As this project is located within the CWSP, it is not subject to the Downtown Tall Buildings: Vision and Supplementary Design Guidelines (adopted by City Council in July 2012 and consolidated with the city-wide Tall Building Design Guidelines in May 2013). TOcore TOcore: Planning Downtown is an initiative to prepare a 25-year plan for Toronto s Downtown along with a series of five infrastructure-related strategies, which will address: parks and public realm, 2 and 15 Cooper Street 15

16 community services and facilities, mobility, energy, and water. This plan, working in tandem with its accompanying strategies, will provide a blueprint to manage the growth and intensification being experienced and anticipated to continue in the Downtown. The Downtown study area is bounded by Lake Ontario to the south, Bathurst Street to the west, the midtown rail corridor and Rosedale Valley Road to the north and the Don River to the east. A new Downtown Plan will be developed for the Downtown geography, establishing a renewed vision and local development policies to guide growth and development. The Downtown Plan will provide an integrated planning framework and structure addressing elements of land use, built form, housing, office, institutional, retail, parks and open spaces, community facilities, streets, transit, energy and water. Emphasis is being placed on keeping Downtown an inclusive and affordable place for vulnerable populations. TOcore began on May 13, 2014 when Toronto and East York Community Council adopted a staff report regarding 'TOcore: Planning Toronto's Downtown', along with a related background document entitled 'Trends and Issues in the Intensification of Downtown'. On September 7, 2017, Planning and Growth Management Committee considered a staff report titled "TOcore: Proposed Downtown Plan". Attached to the report were the Proposed Downtown Plan Policies. Planning and Growth Management Committee added a recommendation at its meeting, requesting City Planning staff consider the Proposed Downtown policies during the evaluation of current and future development applications in the Downtown Plan area and continue to refine the policies in consultation with stakeholders and the community. Additional information is available on the study website at: Official Plan Amendment 352 Updating Tall Building Setbacks Downtown On October 6, 2016, City Council adopted Official Plan Amendment 352 Downtown Tall Building Setback Area. The purpose of OPA 352 is to establish the policy context for tall building setbacks and separation distances between tower portions of a tall building in the Downtown. At the same meeting, City Council adopted area specific Zoning By-laws and (also under appeal) which provide the detailed performance standards for portions of buildings above 24 metres in height. Subdivision In response to a policy requirement in the Lower Yonge Precinct OPA, the applicant has submitted a subdivision application to divide the site into four blocks and to provide for the conveyance of the extension of Harbour Street through the site, connecting Freeland Street to Cooper Street and the creation of a new north-south Street between Lakeshore Boulevard East and Queens Quay East. This application is currently under review and will facilitate the orderly development of the public realm and servicing. Site Plan Control The subject site and proposed development are subject to site plan control. Site Plan Approval applications have been submitted for Blocks 1 and 2. 2 and 15 Cooper Street 16

17 COMMENTS Ontario Municipal Board Process On April 10, 2017, the owner, Menkes, appealed City Council's failure to make a decision on their OPA application within 180 days (s. 17(40)) and failure to make a decision on their Zoning Bylaw Application within 120 days (s. 34(11)). The OMB has scheduled a date for a second prehearing conference for March 8, 2018 to co-ordinate the approval of the Lower Yonge SASP, which includes the Menkes lands. As part of the ongoing OMB hearing related to other areas within the Central Waterfront Secondary Plan, the City and respective landowners filed Minutes of Settlement with the OMB on June 22-24, 2017 for the properties to the east of the subject site, located at 215 Lake Shore Boulevard East and Queens Quay East. The OMB has established a process to resolve outstanding land use compatibility issues between those respective landowners and Redpath Sugar. The Menkes site is affected (impacted) by similar land use compatibility issues with the introduction of sensitive uses in close proximity to Redpath Sugar. Accordingly, on May 2, 2017 Menkes was made a party to the proceeding with respect to the land use compatibility issues. These land use compatibility issues, and Redpath's concerns, are subject of a 6 week OMB hearing commencing on November 7, City Council's endorsement of the proposed building envelopes in advance of other outstanding matters will enable Menkes to undertake the modelling of the proposed built form and to determine the noise and air quality impacts for consideration in the OMB hearing. This is the purpose of this Request for Directions Report. Provincial Policy Statement and Provincial Plans Staff are of the opinion that the proposed development application is consistent with the PPS by: accommodating a range and mix of uses; providing opportunities for a diversified economic base; and encouraging compact, mixed-use development that incorporates compatible employment uses. The PPS recognizes the local context is important, and that a well-designed built form contributes toward overall long-term economic prosperity. Policy 4.7 indicates the Official Plan is the most important vehicle for implementation of the PPS. In this context, the Official Plan provides direction on accommodating development that builds on the strength of Downtown as the premier employment centre of the GTA. With regard to heritage conservation, Policy of the PPS indicates significant built heritage resources shall be conserved. The Official Plan further refines the direction of the PPS to require appropriate built form to fit harmoniously into its existing and/or planned context and the conservation of heritage properties. The proposed development conserves the existing Liquor Control Board of Ontario (LCBO) office building and a large portion of the associated LCBO Warehouse building on site, and as such is consistent with the PPS. The site is within the urban growth centre of the built-up area boundary, an intensification area identified in the Growth Plan. Policy states urban growth centres will be planned to accommodate significant employment growth. Policy states major offices will be directed to urban growth centres with existing or planned frequent transit service. This mixed-use development 2 and 15 Cooper Street 17

18 adds over 44,000 square metres of office gross floor area to this emerging mixed-use community. Staff are of the opinion that the proposed development conforms to the Growth Plan. Land Use This proposal consists of a mix of office, retail, residential, institutional and parkland uses and is consistent with the City's goal of creating complete communities. The non-residential gross floor area is approximately 20% of the total gross floor area of the development, with office uses being approximately 14%. While not achieving the 25% target of the LYPP, it is sufficient to ensure that there are people in the community at all hours of the day and that the day to day needs of future residents can be met within the local area. The office tower location, on the southeast block will help buffer the more sensitive uses north of Harbour Street from the Redpath Sugar facility on the south side of Queens Quay East. Density Section of the LYOPA allows for a maximum density on this property, after road and required park conveyance, of 14.5 times the net property area. The proposed development has a proposed density of 14.5 times the net property area. In order to achieve this density, there are some areas of noncompliance with other performance criteria, as described below. Building Envelopes The following reviews the proposed building envelopes to provide recommendations for the upcoming OMB hearing. a) Height The existing planning policy framework as set out in the LYPP and LYOPA, adopted by City Council in June 2016, were analyzed in respect to the current proposal's height. The LYPP states that height should be considered in the wider waterfront context and should transition down from the Gardiner/Lake Shore Boulevard corridor towards the waterfront. The stepping down towards the water allows for the infiltration of light into the precinct and provides sky views. Heights should also transition down from Yonge Street towards the east. Staff have worked closely with the applicant and have analyzed views of the proposed tower heights from both the south and the north, including from the area around the St Lawrence Market, to ensure that the building heights are appropriate when viewed from all vantage points. The proposed building heights from west to east on the northern portion of blocks 4 and 2 are 298, 289 and 230 metres meet the transition goals of the LYPP. The southern towers on blocks 4 and 2 have a height of 259 and 218 metres, respectively, achieving the transition from north to south. The height of the proposed office building on Block 1 is 116 metres. While these heights are substantial, in relation to the emergence of mixed use development east of Yonge Street over the next 20 years, they represent the height peak from which all development will step down to the east. 2 and 15 Cooper Street 18

19 b) Base Building Both the LYPP and LYOPA set out the appropriate height for the base buildings on the site. They recognize the importance of the existing heritage buildings on the site and limit base buildings to the heights of between 20 metres and 27 metres within Block 4 to ensure the continued prominence of the existing heritage buildings. The proposed development includes base buildings that are the height of the existing buildings on site. On Block 2, the LYPP and LYOPA suggest a base building height of 38 metres on the north portion of the site, adjacent to the Gardiner Expressway and a base building height of 27 metres on the southern portion of the block. The base building heights were established based on a 1:1 relationship with the adjacent right-of-way width. The proposed development incorporates these heights for the base building. For Block 1, the LYPP and LYOPA recommends a base building height to 27 meters. The 27 metre height creates a consistent street wall height along Queens Quay East. The proposed office building has been revised to increase the height of the base building from 15 metres to 21 metres along the Queens Quay frontage. Although 21 metres is below the desired 27-metre base building height, it will result in an appropriately scaled base building. c) Buildings Setbacks Setbacks are extensions of the public realm and allow for broadened sidewalks that will allow for the high pedestrian volumes anticipated in the Lower Yonge Precinct and the Waterfront. Building setbacks ensure additional sunlight on the street. When coupled with high quality treatment of the public realm, including street trees and other street furnishings, these streets will provide a pedestrian friendly public realm for both local resident and visitors. The LYPP and the LYOPA both establish the required base building setbacks of buildings, being: 10 metres from the curb on Cooper Street; 6 metres from the curb on Queens Quay; and a 3 metres setback on New Street. The proposed development meets all of the required setbacks. d) Stepbacks of Towers from Base Buildings On Block 4, which contains the existing LCBO office and warehouse buildings, the LYPP requires a 10 metre stepback from the heritage building along the Lake Shore Boulevard East, Freeland Street, and Cooper Street frontages. The intent of the stepback is to ensure the prominence of the retained heritage building. The proposed towers are stepped back 10 metres from the building edge on Lake Shore Boulevard East and 7.27 metres from Freeland and Cooper Streets. These setbacks are acceptable given the constraints resulting of the existing mechanical penthouse on the heritage building and meet the goal of maintaining the heritage buildings prominence. On the remaining blocks the building stepbacks required and proposed are: - Queens Quay East, 10 metres required, whereas between 6.75 and 17.5 metres are proposed; - Harbour Street and Lakeshore Boulevard East, 5 metres required, 3.16 and 3.5 metres are proposed; and, 2 and 15 Cooper Street 19

20 - Cooper Street and New Street, 8 metres required, whereas 5 metres are proposed. Although all of the stepback requirements have not been met, staff have determined that they are sufficient to demonstrate the prominence of the base building and to reduce the perception of towers from street level in this particular context. e) Tower Floor Plates, Tower Separation and Tower Area Ratio The LYPP and the LYOPA include a number of standards related to tower size and separation that are intended to minimize the negative impacts of towers on the appearance and quality of the public realm by directing the greatest density away from the street edge and towards the middle of the block. In addition, towers should be situated to allow for views of the sky and access to light from both the public realm and buildings in the vicinity. Limits on floor plate size and the standards for tower separation and tower area ratio were included in the LYPP to aid in achieving these goals. The tower floor plates recommended by the LYPP in comparison to the proposal are as follows: - Maximum residential tower floor plate length of 32 metres. This is being met for 4 of the 5 towers. Tower D has a floor plate length of 40 metres; - Maximum residential tower diagonal dimension of 42 metres. The proposed towers range between 45 and 48 metres; - Limit commercial tower floor plate to 2,200 square metres or less. The proposed commercial floor plate is approximately 2,280 square metres; - Maximum commercial tower floor plate width of 60 metres. The proposed floor plate has a width of 68 metres; and - Maximum commercial tower diagonal dimension of 70 metres. The proposed diagonal dimension is 76 metres. The LYPP recommends a tower separation of 30 metres, in excess of the 25 metres recommended by the City's Tall buildings guidelines. The rationale for the 30 metre separation distance was to "avoid the wall of condos effect on the waterfront" and to preserve greater views to the waterfront. The 30 metre separation distance is achieved between the 2 towers located on top of the heritage LCBO office building, with the remaining buildings having a tower separation of 25 metres. Similarly, a Tower Area Ratio (TAR) was established for the Lower Yonge Precinct. Through a study of other residential developments, it was determined that a TAR of 20% for the residential towers located north of Harbour Street would maintain desirable sky views and access to sunlight. The proposed development has a TAR ranging between 23.4% and 33% on individual blocks. Although the above standards are not all being met, the analysis and review has concluded that the proposed development will adequately maintain sky views and light and will not have a negative impact on the public realm and generally meet the intent of the Lower Yonge Precinct Plan and the City's Tall Building Design Guidelines. 2 and 15 Cooper Street 20

21 Overall Massing Staff have reviewed the overall massing of the proposed development and find it to be acceptable. The Lower Yonge Official Plan Amendment allows for a maximum density of 14.5 times the net property area. To achieve this overall density, it was not possible to comply with all of the other development criteria. The performance measures that were given priority were the building setbacks, base building heights and the transition overall height. Staff worked closely with the applicant and analyzed views not only from the south, but also from the St Lawrence Market, Berczy Park and the Church and Front intersection to ensure that the development would preserve sky views and views to the waterfront. The compliance with the building setbacks and base building heights ensure a comfortable public realm with broad sidewalks and ensures optimum climatic and light conditions. Toronto District School Board The development application, as submitted, locates a Toronto District School Board (TDSB) School within the podium of the southern building located on Block 4, with a bridge over Harbour Street to provide passage of the children attending the school to the park, which is proposed to be used by the school during the school day. Staff expressed concern with the inclusion of a bridge over Harbour Street. The TDSB are of the opinion that a bridge is necessary to accommodate the safe passage of children to the park on the south side of Harbour Street. In a letter dated July 4, 2017, the TDSB advised that if a bridge were not permitted over Harbour Street, that the TDSB, under the provisions of Section 51 of the Planning Act (Subdivision), would exercise the right to request that the school be located within the park block (Block 3). The LYPP envisions the entirety of Block 3 being used for parks purposes, in order to meet the needs of the future residents and employees of Lower Yonge Precinct. City staff prefer that the school be located within the mixed-use building in order to preserve block 3 for parks purposes. On July 24, 2017, City Planning staff provided a letter to the TDSB advising of the preference and indicating that a footbridge over Harbour Street would reluctantly be considered, provided that the bridge was designed in a way to be as light and unobtrusive as possible and that portion of the bridge descending into the park be in a location and manner that recognizes the shared uses of the park space, including the possible incorporation into the bridge structure of typical parks associated uses (i.e. washrooms and storage) and potentially additional municipal infrastructure. In addition, given the parks deficiency in the area and the anticipated use of the park by the school, the City would like to discuss with the TDSB a capital contribution to the cost of acquiring any remaining lands within the park block above those lands already being dedicated to the City through the development review process and any lands being used for required municipal infrastructure. 2 and 15 Cooper Street 21

22 Conclusion Staff will continue to work with the applicant to resolve other matters related to the development application, and report back to Toronto and East York Community Council at an appropriate time respecting further direction on the following issues: - appropriate conservation of the existing heritage buildings on site; - location of the proposed Toronto District School Board school and proposed daycare centre within the development, and associated issues relating to the incorporation of a school and daycare; - the provision of affordable housing within the development; - the provision of parkland in keeping with the LYPP and LYOPA; - availability of existing and future servicing capacities for the development; - inclusion of high quality public realm; - the provision of public art; and - appropriate section 37 benefits. CONTACT Leontine Major, Senior Planner Tel. No. (416) lmajor@toronto.ca SIGNATURE Gregg Lintern, MCIP, RPP Director, Community Planning Toronto and East York District (P:\2017\Cluster B\pln\TEYCC\ doc) smc ATTACHMENTS Attachment 1: Roof Plan Attachment 2: South Elevation Block 2 and 4 Attachment 3: South Elevation Block 1 Attachment 4: Project Data Sheet 2 and 15 Cooper Street 22

23 Attachment 1: Roof Plan 2 and 15 Cooper Street 23

24 Attachment 2: South Elevation Block 2 and 4 2 and 15 Cooper Street 24